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Home My WebLink About03-13-23LOUIS R. RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A BRE NT M cCAU LLEY Councilperson At Large B MAN DI WILLIAMS Councilperson District 1 CHUCK ENGELKEN Mayor Pro Tem Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE MARCH 13, 2023 BILL BENTLEY Councilperson District 3 RICK HELTON Councilperson District 4 JAY MARTIN Councilperson District 5 ROBBIE M cLARRIN Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Monday, March 13, 2023, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Brandon Lunsford, Brent McCaulley, Mandi Williams, Chuck Engelken, Bill Bentley Rick Helton, Jay Martin, Robbie McLarrin Councilpersons attending remotely: None Councilpersons absent: None Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney CALL TO ORDER — Mayor Rigby called the meeting to order at 6:00 p.m. 2. INVOCATION —The invocation was given by Pastor Shawn Williams, The Gates of Praise Christian Center, and pledges were led by Councilperson Mandi Williams. 3. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high numberof speakers or other considerations.) There were no comments. 4. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) a. Approve the minutes of the regular City Council meeting held on February 27, 2023. [Louis R. Rigby, Mayor] b. Adopt Ordinance 2023-3914 for the purpose of vacating, abandoning, and closing a portion of the North A Street, North E Street, Donaldson Avenue, and Blackwell Street rights -of -way situated in the J. Hunter Survey, Abstract Number 36, Harris County, Texas, and authorize the execution and delivery of a deed to adjoining landowner. [Teresa Evans, Planning and Development Director] c. Authorize the City Manager to execute an amended CIMA Member Services Agreement between the City of La Porte, Texas, and Channel Industries Mutual Aid Organization. [Carl Holley, Fire Chief] Mayor Pro Tern Engelken moved to approve the consent agenda; the motion was seconded by Councilperson Bentley: the motion was adopted, 9-0. 5. PUBLIC HEARING AND ASSOCIATED ORDINANCES a. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to deny passage of Ordinance 2023-3921 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by removing W. D St. from the High Frequency Truck Route (HFTR); followed by discussion and possible action to consider adoption or rejection of Ordinance 2023-3921 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by removing W. D St. from the High Frequency Truck Route (HFTR). [Teresa Evans, Planning and Development Director] Mayor Rigby opened the public hearing at 6:06 p.m. Ian Clowes, City Planner, provided an update. Sammy Abuhambra and Alan Ward spoke on behalf of property owners in support of D Street being included in the High Frequency Truck Route (HFTR). Mayor Rigby closed the public hearing at 6:17 D.M. Councilperson Williams moved to adopt Ordinance 2023-3921 amending the Code of Ordinances of the Citv of La Porte, Chapter 106 "Zoning" by removing W. D St. from the High Frequency Truck Route (HFTR): the motion was seconded by Councilperson Helton: the motion was not adopted, 5-4, Mayor Rigby, Mayor Pro Tern Engelken, and Councilpersons Martin and McCaulley voting against (7 or more of 9 votes would have been needed for adoption of Ordinance 2023-3921,_in light of the Planning and Zoning Commission's February 16, 202.3, recommendation to deny removal of W. D St. from the HFTR). b. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2023-3922 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by amending regulations related to notification requirements for public hearings held before the La Porte Planning and Zoning Commission and La Porte Zoning Board of Adjustment; followed by discussion and possible action to consider adopting Ordinance 2023-3922 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by amending regulations related to notification requirements for public hearings held before the La Porte Planning and Zoning Commission and La Porte Zoning Board of Adjustment. [Teresa Evans, Planning and Development Director] Mayor Rigby opened the public hearing at 6:31 p.m. Ian Clowes, City Planner, provided an update. Mayor Rigby closed the public hearing at 6:34 p.m. Mayor Pro Tern Engelken moved to adopt Ordinance 2023-3922 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by amending regulations related to notification requirements for public hearings held before the La Porte Planning and Zoning Commission and La Porte Zoning Board of Adjustment: the motion was seconded by Councilperson Bentley: the motion was adopted, 9-0. c. The City Council will hold a public hearing to receive comments on the City of La Porte Juvenile Curfew Ordinance codified in Chapter 42 'Miscellaneous Offenses', Article III `Curfew for Juveniles' of the La Porte Code of Ordinances, followed by discussion and possible action to consider adopting, abolishing, or modifying the City of La Porte Juvenile Curfew Ordinance 2023-3920. jDoug Ditrich, Assistant Chief of Police] Mayor Rigby opened the public hearing at 6:36 p.m. Interim Police Chief Doug Ditrich confirmed no changes had been proposed and noting the curfew was a law enforcement tool. Mayor Rigbv closed the public hearing at 6:38 p.m. Mayor Pro Tem Engelken moved to adopt Ordinance 2023- 3920 the City of La Porte Juvenile Curfew as presented: the motion was seconded by Councilperson Bentley: the motion was adopted, 9-0. 6. STATUTORY AGENDA a. Presentation, discussion, and possible action to accept the Annual Comprehensive Financial Report for the City of La Porte Fiscal Year ended September 30, 2022. [Michael Dolby, Finance Director] Mayor Pro Tem Engelken moved to accept the Annual Comprehensive Financial Report for the City of L.a Porte Fiscal Year ended September 30, 2022: the motion was seconded by Councilperson Bentley: the motion was adopted. 9-0. b. The City Council will receive reports from the Dangerous Buildings Inspections Board regarding ten (10) dangerous/substandard properties located at 0 Broadway (Lots 22-23, Blk. 61, La Porte), 10618 N. L Street, 125 Bay Shore Ave., 1715 26th St., 2000 Sens Rd., 218 Bay St., 222 S. Ohio St., 226 S. Bayshore Dr., 3116 Hillsdale St., and 411 S. Blackwell St., followed by discussion and possible action authorizing staff to notify the owners of those buildings determined by the Dangerous Building Inspections Board to be dangerous. [Richard Glass, Chief Building Official] Richard Glass, Chief Building Official, updated the Council on the properties. Mayor Pro Tem Engelken moved to direct staff to move forward with written notification to the property owners that the buildings have been determined to be dangerous by the Dangerous Building Inspection Board, in order to schedule a future public hearing: the motion was seconded by Councilperson Bentley: the motion was adopted, 9-0. 7. ELECTION MATTERS a. Presentation, discussion, and possible action to appoint election day polling location judges and alternate judges for the May 6, 2023, general election and to define the number of clerk appointments permitted to be made by each presiding judge. [Louis R. Rigby, Mayor] Mayor Pro Tem Engelken moved to appoint election day polling location judges and alternate judges for the May 6. 2023, general election and to limit the number of clerk appointments permitted to be made by each presiding iudge at six, the motion was seconded by Councilperson Bentley: the motion was adopted. 9-0. 8. REPORTS a. Presentation of the 2022 City of La Porte Community Survey Findings Report. [Corby Alexander, City Manager] Mr. Alexander shared the report results and the Leading the Way award the City received from ETC (the survey company) based on La Porte's performance in comparison to state and national results. b. Receive report of the Fiscal Affairs Committee meeting [Mayor Pro Tem Engelken] Mayor Pro Tem Engelken reported the Committee met and the Council had taken action by accepting the WhitleyPenn audit report. c. Drainage and Flooding Committee meeting, [Councilperson Martin] Councilperson Martin reported the Committee met, received updates and discussed drainage projects, and set the next meeting for April 10. 9. ADMINISTRATIVE REPORTS • Planning and Zoning Commission meeting, March 16 • La Porte Development Corporation Board meeting, March 27 • Zoning Board of Adjustment meeting, March 23 • City Council meeting, March 27 The City Manager said there were no reports. 10. COUNCIL COMMENT Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilpersons, and City staff, for which no formal action will be discussed or taken. Councilpersons expressed concern about taking West D off the truck route and hoped the City could be proactive in discouraging buildings along the street being torn down for parking yards; recalled seeing the Police bike teams out in the community; congratulated the City Manager and City staff on the survey award; praised the organizers of Chief Deardorffs retirement event last week; and congratulated Municipal Court on receiving the Municipal Traffic Safety Initiatives (MTSI) Award fifteen years in a row (the only court of its size in the state to have done so). 11. EXECUTIVE SESSION a. City Council will meet in closed session pursuant to Texas Government Code 661.072 - Deliberation regarding purchase, exchange, lease, or value of real property: Meet with City Manager and Assistant City Attorney to discuss potential purchase of real property located in the City of La Porte] The Council convened an executive session at 7:24 p.m. 11. RECONVENE into open session and consider action, if any, on item(s) discussed in executive session. med into open session at 7:53 p.m. Mayor Rigby said the City Manager had a report on a building in La Porte being considered for purchase. Councilperson ruct the Citv Manaaer to have a roofina inspection performed on the buildina Councilperson Bentley moved to divide the question: the motion was seconded by Councilperson McCaulley: the motion was adopted. 9-0. The motion to have a roofing inspection was adopted, 5-4. Mayor Rigby, Mayor Pro Tern Enqelken, and Councilpersons Bentley and McCaulley voting against. OMWALri